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Answered in 17 minutes by:
8/17/2013
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
VerifiedHello:
Hello:
Yes, you can sue the RCMP.
The lawsuit can be based on unlawful arrest, or defamation. Defamation is a lawsuit based on someone making false comments about you to a third-party, and those comments damage your reputation.
To succeed, you would need to prove your case on a balance of probabilities. That means you essentially have to convince the judge that it is more likely than not that the police unlawfully arrested you, and or Made false comments that did the damage to your reputation.
So the case is essentially going to come down to one of credibility, whether the judge excepts your evidence that you made no salt, or the police officers evidence that you did. If the judge is unable to determine who to believe, and then you will not have proven your claim on the balance of probabilities.
If you are successful, the court can award you compensation for having country the process of being unlawfully arrested, as well as some amount for damage to your reputation. The amount of compensation will depend on factors such as how long you were in custody, and how long it was before the charges were dismissed. There is no set amount that will be payable and the exact amount is determined by the judge.
If you sue, the majority of such lawsuits do not call the weight trial. Certainly it is possible that there will be no settlement, but the reality is that most lawsuits are settled out of court.
It would not be mandatory for you to hire a lawyer for such a lawsuit. But the law and procedure involved is not simple, and I would recommend that you have one. You can contact the Provincial law society which has a free lawyer referral service. We are not allowed to refer you to specific lawyers through this site due to site policies.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Hello:
Yes, you can sue the RCMP.
The lawsuit can be based on unlawful arrest, or defamation. Defamation is a lawsuit based on someone making false comments about you to a third-party, and those comments damage your reputation.
To succeed, you would need to prove your case on a balance of probabilities. That means you essentially have to convince the judge that it is more likely than not that the police unlawfully arrested you, and or Made false comments that did the damage to your reputation.
So the case is essentially going to come down to one of credibility, whether the judge excepts your evidence that you made no salt, or the police officers evidence that you did. If the judge is unable to determine who to believe, and then you will not have proven your claim on the balance of probabilities.
If you are successful, the court can award you compensation for having country the process of being unlawfully arrested, as well as some amount for damage to your reputation. The amount of compensation will depend on factors such as how long you were in custody, and how long it was before the charges were dismissed. There is no set amount that will be payable and the exact amount is determined by the judge.
If you sue, the majority of such lawsuits do not call the weight trial. Certainly it is possible that there will be no settlement, but the reality is that most lawsuits are settled out of court.
It would not be mandatory for you to hire a lawyer for such a lawsuit. But the law and procedure involved is not simple, and I would recommend that you have one. You can contact the Provincial law society which has a free lawyer referral service. We are not allowed to refer you to specific lawyers through this site due to site policies.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
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